Predicting Proportionality: The Case for Algorithmic Sentencing
Predicting Proportionality: The Case for Algorithmic Sentencing
复制标题
预测比例性：算法量刑案例
作者：
Vincent Chiao
量刑的一项基本原则是相称性。然而，相称性的判断往往留给法官自由裁量，引起了人们熟悉的任意性和偏见问题。本文考虑的情况下，系统化的量刑比例的判断，通过一个算法。这种算法的目的是预测该管辖区的法官在特定案件中认为什么是相称的判决。这种预测算法不一定会破坏个别案件中的正义，与道德判断的特殊性解释相一致，即使在面对惩罚的合法目的的不确定性时也是有吸引力的。
A basic principle in sentencing offenders is proportionality. However, proportionality judgments are often left to the discretion of the judge, raising familiar concerns of arbitrariness and bias. This paper considers the case for systematizing judgments of proportionality in sentencing by means of an algorithm. The aim of such an algorithm would be to predict what a judge in that jurisdiction would regard as a proportionate sentence in a particular case. A predictive algorithm of this kind would not necessarily undermine justice in individual cases, is consistent with a particularistic account of moral judgment, and is attractive even in the face of uncertainty as to the legitimate purposes of punishment.